Hammack v. State

Decided March 15, 1917

Mississippi Supreme Court · decided 1917-03-15

Hon. P. B. Johnson, Judge. W. Gr. IJammack was convicted of perpetrating a fraud by giving a worthless cheek and appeals. The appellant was tried upon the following indictment, omitting the caption, to wit: “That W. Gr.

Key passage — most relied on by later courts

““The appellant perpetrated no fraud on Moore by giving him the check h.ere in question; for he informed Moore at the time that he did not have sufficient funds in or credit with the bank on which it was drawn for its payment. The wrong, if any, which was done Moore by appellant was, not giving him the check, but failing to comply with his (appellant’s) promise to deposit sufficient money with the bank to cover it. The case, therefore, does not come within the intent of chapter 120, laws of 1916, so that the judgment of the court below will be reversed and appellant discharged.””

quoted by 1 later decision, including People v. Jacobson

Good law ✅— No negative treatment on recordhow we know

Decided 1917-03-15

How this case has been cited

Cited by 6 later decisions — most recently December 1959

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Smith, C. J.

¶1delivered the opinion of the court.

¶2The appellant perpetrated no fraud on Moore by giving him the cheeky here in question; for he informed Moore at the time that he did not have sufficient funds in or credit with the bank on which it was drawn for its payment. The wrong, if any, which was done Moore by appellant was, not giving him the check, but failing to comply with his (appellant’s) promise to deposit sufficient money (with the bank to cover it. The case, therefore, does not come within the intent of chapter 120, Laws of 1916, so that the judgment of the court below will be reversed, and appellant discharged.

¶3Reversed.